The DOJ had argued a lawsuit, brought by the House of Representatives seeking disclosure, should be dismissed. But U.S. District Court Judge Amy Berman Jackson didn't buy it:
The motion to dismiss will be denied. The fact that this case arises out of a dispute between two branches of government does not make it non-justiciable; Supreme Court precedent establishes that the third branch has an equally fundamental role to play, and that judges not only may, but sometimes must, exercise their responsibility to interpret the Constitution and determine whether another branch has exceeded its power. In the Court's view, endorsing the proposition that the executive may assert an unreviewable right to withhold materials from the legislature would offend the Constitution more undertaking to resolve the specific dispute that has been presented here. After all, the Constitution contemplates not only a separation, but a balance of powers.The Justice Department had attempted to argue that the matter between the House of Representatives and the Executive Branch should be dealt with by negotiation only, without court involvement.
Seems to me rather absurd that the Obama administration would insist negotiation was the only avenue, seeing as though it is the expressed position of the White House on other matters not to negotiate with congressional Republicans.
More on court's decision and the House lawsuit over Fast and Furious docs can be found at Politico.com.
Update: Dave Workman at Seattle Gun Rights Examiner also has reaction.